83S20159 MEW-F By: Ratliff H.B. No. 52 A BILL TO BE ENTITLED AN ACT relating to certain state-adopted or state-developed assessment instruments for public school students and to a certain indicator of student achievement. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.023, Education Code, is amended by adding Subsections (a-12), (a-13), (a-14), and (a-15) to read as follows: (a-12) Before an assessment instrument adopted or developed under Subsection (a) may be administered under that subsection, the assessment instrument must, on the basis of empirical evidence, be determined to be valid and reliable by an entity that is independent of the agency and of any other entity that developed the assessment instrument. (a-13) The agency shall ensure that an assessment instrument adopted or developed under Subsection (a) is designed to primarily assess the essential knowledge and skills identified by the State Board of Education under Section 28.002 of the subject and for the grade level for which the assessment instrument is administered. Only to the extent necessary or helpful for diagnostic or reporting purposes, the assessment instrument may also assess supporting knowledge or skills that are introduced or referenced in the subject and for the grade level for which the assessment instrument is administered but that are identified as essential knowledge or skills primarily of a different subject or for a different grade level. (a-14) An assessment instrument adopted or developed under Subsection (a) must be designed so that: (1) if administered to students in grades three through five, 85 percent of students will be able to complete the assessment instrument within 120 minutes; and (2) if administered to students in grades six through eight, 85 percent of students will be able to complete the assessment instrument within 180 minutes. (a-15) The amount of time allowed for administration of an assessment instrument adopted or developed under Subsection (a) may not exceed eight hours, and the administration may occur on only one day. SECTION 2. Section 39.053, Education Code, is amended by adding Subsection (c-3) to read as follows: (c-3) The indicator of student achievement under Subsection (c)(1) may not include student performance as to supporting knowledge or skills as described by Section 39.023(a-13). SECTION 3. This Act applies beginning with the 2013-2014 school year. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.